Criminal proceedings against Angelo Bagli Pennacchiotti. (Acts Of The Institutions ) [1990] EUECJ R-315/88 (27 March 1990)

Criminal proceedings against Angelo Bagli Pennacchiotti. (Acts Of The Institutions ) [1990] EUECJ R-315/88 (27 March 1990)

Council Regulation (EEC) No 823/87 and its predecessor require all operations concerning, or storage of, products in the course of vinification which have not yet become quality wine psr or quality sparkling wine psr to be carried out within the specified region of production. Member States may derogate from that rule only subject to the limits and conditions laid down in Article 6(2) of those regulations and in Commission Regulation (EEC) No 1698/70.

Citation
[1990] EUECJ R-315/88
Parties
Accused: A. Bagli Pennacchiotti; Referring Court: Pretura di Frascati
Jurisdiction
European Union
Judgment Date
27 March 1990
Procedural Posture
Preliminary Ruling (article 177 Eec) in Criminal Proceedings / Reference for Preliminary Ruling Before the Court of Justice of the European Communities
Outcome
Preliminary ruling issued; interpretation of Community law provided to national court.
Legal Topics
Quality Wines Produced in Specified Regions, Movement of Wine During Vinification, Derogations by Member States, Interpretation of Council Regulations
European Union Law Criminal Law Agricultural Law Quality Wines Produced in Specified Regions Movement of Wine During Vinification Derogations by Member States Interpretation of Council Regulations

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Parties

A. Bagli Pennacchiotti

Accused

Pretura di Frascati

Referring Court

Procedural Posture

Preliminary Ruling (article 177 Eec) in Criminal Proceedings / Reference for Preliminary Ruling Before the Court of Justice of the European Communities

Legal Issues

  1. 1 Whether Community law categorically prohibits movement of products in the course of vinification outside the specified region of production for quality wines psr or allows Member States to enact derogating rules.
  2. 2 Whether national rules may permit vinification outside the specified region under Council Regulation (EEC) No 822/87 and related instruments.

Ratio Decidendi

Council Regulation (EEC) No 823/87 and its predecessor require all operations concerning, or storage of, products in the course of vinification which have not yet become quality wine psr or quality sparkling wine psr to be carried out within the specified region of production. Member States may derogate from that rule only subject to the limits and conditions laid down in Article 6(2) of those regulations and in Commission Regulation (EEC) No 1698/70.

Court Disposition

Preliminary ruling issued; interpretation of Community law provided to national court.

Orders

  • Council Regulation (EEC) No 823/87 and its predecessor must be interpreted as requiring all operations concerning, or storage of, products in the course of vinification which have not yet become quality wine psr or quality sparkling wine psr to be carried out within the specified region of production. Member States...